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Discussion :: Indian Politics - Indian Politics (Q.No.5)

5. 

The power to decide an election petition is vested in the

[A]. Parliament
[B]. Supreme Court
[C]. High courts
[D]. Election Commission

Answer: Option C

Explanation:

No answer description available for this question.

Manabendra Chakraborty said: (Jul 13, 2010)  
Would you please explain it

Sasidhar said: (Jun 13, 2011)  
Same as above. Please.

Shilpi said: (Jul 11, 2011)  
Prior to 1966 election petitions were presented to the Election Commission, which would constitute one-member Election Tribunals of the rank of District Judge, on an ad hoc basis for the trial of election petitions. In Hari Vishnu Kamath v. Ahmed Isheque it was held by the Supreme Court that Art 329(b) prohibited only the 'initiation' of proceedings, questioning an election, in any other manner other than by an election petition and once that proceeding was initiated by filing an election petition, the requirement of Art 329(b) was met and thereafter the trial of the petition by the election tribunal was subject to the general law and to the supervision of High Courts over tribunals.

Thus in order to avoid dual jurisdiction over the election matters the Election Commission recommended that trial of election petitions should be entrusted to the High Courts instead of election tribunals. Parliament thus enacted Section 80-A of the Representation of the People Act, 1951 providing that the "High Court" shall be the authority for presentment of election petitions under Article 329(b) of the Constitution. This was incorporated by an amendment in the year 1966 (Act 47 of 1966).

M Ashraf said: (Dec 15, 2011)  
The above statement written by shilpa is correct.

Nitin said: (Mar 23, 2012)  
Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election. An election petition is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved. Election petitions are tried by the High Court of the State involved, and if upheld can even lead to the restaging of the election in that constituency.

Ktpsivan said: (Jun 9, 2012)  
The above statement written by shilpa is correct

M Naiem said: (Feb 10, 2013)  
What election petition means?

Abhi said: (Mar 2, 2013)  
Election petition means all the cases related with election.

Bharath Reddy said: (Aug 13, 2013)  
If there has been any malpractice in election time, the candidate can file court it is not an opetition and submit in high court.

Binod said: (Oct 27, 2013)  
The high court is supreme but in most cases the honorable high court refer such cases to Election commission. But in Presidential election matters the case has decided by the Supreme court.

Mathankumar Mba said: (Apr 19, 2014)  
Most election petition was cleared the high court judgement above the 5 years so it's not useful.

Harish said: (Mar 19, 2015)  
But some times it is of course needed.

Kshitij Singh said: (May 20, 2015)  
As far as my knowledge goes the power to decide an election petition is vested with Supreme Court. There have been instance of the Apex Court giving verdict related to electoral issues like when PA Sangama raised the matter that the presidential elections were rigged.

The SC was the one which called the shots and likewise when eminent lawyer Prashant Bhushan had filed a petition for electoral reforms to bring in NOTA in EVMS in that case too supreme court gave the verdict.

Gaurav said: (Jun 30, 2015)  
One can appeal for an election petition in high court and it will take the decision.

Akshay said: (Aug 2, 2015)  
What is right answer high court or election commission?

Ayyappa Reddy said: (Aug 24, 2015)  
Why high court decides elections?

Chandra Shekhar said: (Sep 27, 2015)  
Wrong answer. Supreme Court is the correct answer.

Sheetal Agrawal said: (Dec 23, 2015)  
How it could be High court?

Pawan Kumar said: (Feb 7, 2016)  
I think supreme has the power to hear election petition nor high court.

Revathy said: (Mar 4, 2016)  
What you mean by tribunals?

Ravi said: (May 24, 2016)  
What is mean by politics?

Rks said: (Sep 4, 2016)  
What is meant by ad hoc?

Aditi said: (Oct 13, 2016)  
Don't make me confused. Please help me out which is correct? Supreme court or high court ?

Asvini said: (Dec 30, 2016)  
How it could be an high court? Because supreme court is having more power than high court.

Diksha Mishra said: (Jan 18, 2017)  
Of course Supreme court having more power than high court but high court having some special powers like an election petition.

Wangdeep said: (Mar 2, 2017)  
Tribunals means disagreement or dis-argue.

Surasani said: (Mar 31, 2017)  
I think it is better if it is high court so that we may have the ultimate chance to approach the supreme court.

Guru said: (Apr 27, 2017)  
Is president has that power to decide election petition?

Shalini Chauhan said: (Jun 13, 2017)  
High court is the correct answer because we take our first appeal in Hight Court. Hight Court is in every state which knows everything about its state so the power of election petition have Hight Court and Supreme Court is the court of our country, not state.

Bikas said: (Jul 14, 2017)  
Which is the correct answer?

Falak said: (Sep 13, 2017)  
High court will be the correct answer.

Ekta said: (Apr 25, 2018)  
High court is correct.

Pavithra said: (Aug 18, 2018)  
Thank you, everyone, for sharing the information.

Nazim Salfi said: (Dec 2, 2018)  
Most of the powers within the state are vested with high court. It is easy for any person within the state to approach high court to address any grievance regarding elections.

Chetan Phanindra said: (Jan 7, 2019)  
Which election we are talking about?

Local body, state, presidential election? Please explain about it.

Uday Kiran said: (Jan 26, 2019)  
What is presidential elections? Can anyone give details about it?

Amsa said: (Jun 9, 2019)  
The correct Answer is election commission.

Satya said: (Oct 26, 2019)  
Would you please explain it?

Pranav said: (Sep 28, 2020)  
No, the correct answer is the supreme court.

Ram said: (Feb 4, 2021)  
Parliament has enacted Section 80-A of the Representation of the People Act, 1951 providing that the "High Court" shall be the authority for presentment of election petitions under Article 329 (b) of the Constitution.

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